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4.03 Prohibition Against Transfer of Property and Assignment of Agreement. The Developer shall not voluntarily or involuntarily make or attempt any total or partial sale, transfer, conveyance, assignment or lease ("Transfer") of the whole or any part of the Property or the buildings or structures thereon or this Agreement without the prior written approval of the Agency, unless such transfer is made: a) to an owner-occupant household; orb) to a partnership in which one of the members of Developer is the managing general partner or to a corporation or limited liability corporation in which Developer is the majority shareholder or owner of a majority of other ownership interests (together, uPermitted Transferees"). The Agency's approval may be given by the Executive Director unless the Executive Director, in his or her discretion, refers the matter of approval to the Agency Board, This prohibition shall not be deemed to prevent the granting of temporary easements or permits to facilitate development required pursuant to this Agreement. If the Developer proposes a Transfer of the Property or a portion thereof to a transferee other than a Permitted Transferee, the proposed transferee shall have the qualifications and financial resources necessary and adequate as may be reasonably determined by the Agency to fulfill the obligations undertaken in this Agreement by the Developer. Any transferee, by instrument in writing satisfactory to the Agency and inform recordable among the land records, for itself and its successors and assigns, and for the benefit of the Agency shall expressly assume all of the obligations of the Developer under this Agreement relating to the Property and agree to be subject to all the conditions and restrictions to which the Developer is subject. There shall be submitted to the Agency for review all instruments and other legal documents proposed to effect any such Transfer; and if approved by the Agency its approval shall be indicated to the Developer in writing. In the absence of specific written agreement by the Agency, no Transfer by Developer shall be deemed to relieve the Developer or any other Party from any obligations under this Agreement. Article Five: GENERAL REMEDIES DURING DEVELOPMENT 5.01 Scope of Remedies. During the development of the Improvements, and prior to the issuance of a Certificate of Completion for such Improvements hereof, the following shall govern the Parties' remedies for breach of the Agreement. 5.02 No Fault of Parties. The following events constitute a basis for Developer, otherwise allowed by this Agreement, to terminate this Agreement: (a) Developer, despite good faith efforts, is unable to obtain permits or approvals from the City of San Leandro which are satisfactory for Developer to construct the Improvements on the Property; (b) Developer, despite good faith efforts on the part of both the Agency and Developer, is unable to obtain approval of the Construction Plans, in the time provided in Article Three of this Part;